Information & Ethics committee  Without knowing the specifics, it's difficult to comment upon what countries would not agree and the reasons they might not agree, but that would need to be carefully assessed against the requirements of accountability. So it is certainly something that would be of interest if there are any large numbers of democratic countries that would be refusing to enter into such an agreement.

Information & Ethics committee  There are mechanisms for sharing that information.

Information & Ethics committee  I hesitate, because I certainly don't want to speak on behalf of either agency. They will be pleased. But the mandates are separate, so it is entirely conceivable to me that there will be instances in which each is working with a foreign country advancing their individual mandates in a way that is not coordinated with one another.

Information & Ethics committee  I can't comment either through my day job as a defence lawyer or in my capacity as a CBA member. I did read somewhere that this had been an issue before, that there had been evidence to this effect before this committee. And I'm sorry that I really couldn't give you an answer to the question beyond mere speculation.

Information & Ethics committee  I should add that certainly it is my understanding that the information the corrections service might hold in relation to an individual might be relevant to issues such as classification within the prisons, or perhaps even parole eligibility. So to the extent that the personal information is going to relate to those issues, it is going to be of obvious interest to an individual.

Information & Ethics committee  Certainly the CBA has taken positions in relation to this issue really since the anti-terrorism legislation was tabled. And we have appeared before different committees and we have expressed concern with respect to the need to have appropriate checks and balances in place. We recognize it is very easy to speak in generalities such as that, to say that it is important to have the checks and balances.

Information & Ethics committee  Mr. Chair, the Arar commission report illustrated the risks and complexities associated with intelligence-gathering by law enforcement agencies, the sharing of data between different agencies within Canada and abroad, and the great harm that can arise when the system fails. What is now referred to as intelligence-led policing has a potential to result in a vast amount of information being collected, not all of which is verified or even verifiable as to its accuracy.

Information & Ethics committee  Mr. Chair, honourable members, the Canadian Bar Association is pleased to be here today to present our brief on the reform of the Privacy Act. The CBA is a national association of over 37,000 lawyers, law students, notaries, and legal academics. One aspect of the CBA's mandate is improvement in law and the administration of justice.

Justice committee  I'm happy to answer Mr. Thompson's question. I have not read in the papers or otherwise heard that the people of Canada want the police to be able to use wiretaps, as they see fit, or to kick down doors and enter residences, as they see fit, or to conduct arbitrary detentions of individuals on the street, to frisk them, to have them empty their pockets, to open the trunks of their cars, or to attend with the police at police stations for questioning just because it assists the police.

Justice committee  Sometimes the police might be required to act on the spur of the moment, but not always. I would urge you to accept, particularly when the police are acting in anticipation, with forethought, that then they go for prior judicial authorization.

Justice committee  That's correct.

Justice committee  I don't have enough familiarity to make a detailed comment, but I would reiterate that protocols are of course important, having regard to the present scheme. It is of course the case that we hope and expect police officers will use care in reliance upon these provisions, but a well-crafted protocol does not adequately substitute for prior judicial authorization.

Justice committee  Allow me to address that in two parts. First, it is well known and it is the public experience that courts are sometimes asked to consider whether a search warrant or wiretap--it is a search warrant, much more commonly--has been properly obtained, and for the courts to conclude that it has not been and then to set it aside.

Justice committee  I go to one of my earlier remarks in saying that the rule of law has to be concerned both with the existence of the law as well as the content of the law. You need to ask, is it good law to include agents within this? Is it good law to allow assaults or perhaps extortions to occur?

Justice committee  The police are remarkably good at what they do, and that includes police officers acting in an undercover capacity. Sometimes there might be obstacles that they will have to carefully consider. The question really is, if there are obstacles they have to carefully consider, does that justify the alternative?